Adversarial versus Inquisitorial Justice

Beschreibung

Beschreibung

This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In the chapters it is demonstrated how the different systems chose different solutions for many of the same problems and how the solutions are related to the typical characteristics of the adversarial and the inquisitorial systems of criminal law. Particular emphasis is placed on problems addressed by psychological researchers and practitioners in the two systems. Chapters cover topics including: police investigative techniques, risk assessment, the death penalty, recovered memories, child witnesses, line-up practices, expert witnesses, trial procedures, and lay versus judge decision making. The book is written for advanced audiences in psychology and law.

Inhaltsverzeichnis

About the Editors. About the Authors. 1. Adversarial or Inquisitorial: Comparing Systems; P.J. van Koppen, S.D. Penrod. 2. Adversarial or Inquisitorial: Do we Have a Choice? H.F.M. Crombag. 3. An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation; C. Slobogin. 4. 'We Will Protect Your Wife and Child, but only if You Confess': Police Interrogations in England and the Netherlands; A. Vrij. 5. Violence Risk Assessments in American Law; J. Monahan. 6. The Dual Nature of Forensic Psychiatric Practice: Risk Assessment and Management under the Dutch TBS-Order; C. de Ruiter, M. Hildebrand. 7. The Death Penalty and Adversarial Justice in the United States; S.R. Gross. 8. Taking Recovered Memories to Court; H. Merckelbach. 9. Adversarial Influences on the Interrogation of Trial Witnesses; R.C. Park. 10. Children in Court; I.M. Cordon, et al. 11. Identification Evidence in Germany and in the US: Common Sense Assumptions, Empirical Evidence, Guidelines, and Judicial Practices; S.L. Sporer, B.L. Cutler. 12. Expert Evidence: The State of the Law in the Netherlands and the United States; P.T.C. van Kampen. 13. Expert Witnesses in Europe and America; M.J. Saks. 14. The Role of the Forensic Expert in an Inquisitorial System; T. Broeders. 15. Psychological Expert Witnesses in Germany and the Netherlands; C. Knörnschild, P.J. van Koppen. 16. Preventing Bad Psychological Scientific Evidence in the Netherlands and the United States; P.J. vanKoppen, M.J. Saks. 17. Styles of Trial Procedure at the International Criminal Tribunal for the Former Yugoslavia; F.J. Pakes. 18. Convergence and Complementarity between Professional Judges and lay Adjudicators; S. Seidman Diamond. 19. The Principle of Open Justice in the Netherlands; R. Hoekstra, M. Malsch. 20. The John Wayne and Judge Dee Versions of Justice; P.J. van Koppen, S.D. Penrod. Legal Citations. References. Index.